Petitioner, who scored second in Kerala School Kalolsavam, filed a writ petition challenging the rejection of her appeals in Light and Classical music competitions. The Court held that no mistake existed by the Judging Committee despite alleged mic defects.
The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936
WP(C).No. 35542 of 2014 (P)
PETITIONER :
------------------
SHALU S.KUMAR AGED 46 YEARS MINOR, AGED 17 YEARS, D/O SHAJI KUMAR SHALU NIVAS, ERAM KARA, VADASSERIKARA VILLAG E RANNI TALUK REPRESENTED BY HIS NEXT FRIENT AND FHATER SHAJI KUMAR, VASUKUTTY, SHALU NIVAS ERAM KARA, VADASSERIKARA VILLAGE, RANNI TALUK.
BY ADVS.SRI.K.SHAJ SRI.SAJJU.S SRI.RENJIT GEORGE SMT.ANJU MOHAN SRI.S.K.SUJITH KRISHNA SRI.S.VISHNU (ARIKKATTIL)
RESPONDENTS :
----------------------
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM (GENERAL CO-ORDINATOR KERALA SCHOOL KALOLSAVAM, 2014-2015) 695012.
3. THE DISTRICT EDUCATION OFFICER, PATHANAMTHITTA (CHAIRMAN SUB DISTRICT LEVEL APPEAL COMMITTEE, KERALA SCHOOL KALOLSAVAM, 2014-2015)689001.
4. ASSISTANT EDUCATIONAL OFFICER KONNY-689121.
BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 35542 of 2014 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS :
NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.R. RAMACHANDRA MENON, J.
W.P.(C) No.35542 of 2014
Dated this the 5th day of January, 2015 JUDGMENT
The petitioner was a participant to four different items such as Malayalam recitation, Classical music, Light music, Thiruvathira (group) competitions in the Konni Sub-district Level Kerala School Kalolsavam, 2014-2015 held on 02.12.2013. On declaration of the result, the petitioner was awarded only second place with A Grade and hence she preferred appeals in respect of each item. After considering the appeals, two appeals were allowed and she was permitted to participate in the concerned items in the Revenue District Level Competition. The appeals in respect of 'Light music' and 'Classical music' came to be rejected, which made the petitioner to approach this Court by filing the writ petition.
W.P.(C) No.35542 of 2014
2
of the instructions and the materials on record, that there is absolutely no merit or bonafides in the writ petition. The appeals preferred by the petitioner were considered on merits and after considering the relevant aspects in respect of the concerned items, Exts.P3 and P4 appeals have been allowed. In the case of other two items, it was found that absolutely no mistake was there on the part of the Judging Committee; nor was there any defect, as alleged from the part of the petitioner with regard to the stage setting, providing necessary infrastructure. It is also brought to the notice of this Court that, in respect of 'Light music', the difference between the marks awarded to the first price winner and the petitioner is to an extent of 'twelve'; whereas it is 'eighteen' in respect of the 'Classical Music'. Absolutely no plea of malafides is levelled against the authorities concerned. This Court does not find any reason to interfere.
The writ petition is dismissed accordingly.
P.R. RAMACHANDRA MENON,
JUDGE
sp
2 issues framed by the court
Whether the High Court should interfere with the decision of the Appeal Committee regarding the petitioner's performance in the Sub-district Level Kerala School Kalolsavam.
Whether the alleged defective mic and other infrastructural defects warrant interference by the writ court in the outcome of the competition appeals.
Shalu S.Kumar
State of Kerala
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
